Kibaki’s Illegal County Commissioners Spring Into Action

 

http://www.standardmedia.co.ke/?articleID=2000074202&story_title=Kenya-Leaders-claim-ploy-by-State-officer-to-rig-polls-

Public Works Minister Chris Obure, Assistant Ministers Simon Ogari (Information), and Manson Nyamweya (Trade), Bonchari MP Charles Onyancha, and ODM Kisii County Secretary Joash Maangi claimed [that Kisii county commissioner] Lydia Muriuki was involved in the activities of rival Jubilee coalition…

“We have convened a press conference here to inform the public that we have evidence of the county commissioner’s involvement in activities of our rivals. She has been calling some MPs to lure them to join Jubilee,” said Maangi, who read a statement on behalf of the leaders.

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By Job Posted in kenya

3 comments on “Kibaki’s Illegal County Commissioners Spring Into Action

  1. IGP David Kimaiyo appoints 47 County Police Commanders including 13 women. Benson Kibui (Nrb), Edward Mbugua (Mbs), David Kimeli (Kisumu).

    Kimayoi’s appointment comes after court of Appeal quashes High Court order, rules Kibaki acted legally in appointing County Commissioners.

    • Phil,

      Here is the story. The lower Mutungaroo Courts are not about to be left behind in following the head! Mahakama bandia kweli.

      Kibaki appointment of County bosses in order-Court

      The appointment of 47 County Commissioners was constitutional, a court has ruled.

      On Friday, the Court of Appeal overturned a High Court ruling that declared former President Kibaki’s decision to name the county bosses unconstitutional.

      The higher court ruled that the former president acted within the constitution in making the appointments.

      Appellate Judges Martha Koome, Milton Makhandia and Kairu Gatembu overturned the High Court ruling that nullified the appointment of the 47 commissioners, saying that the former president was justified in invoking provisions of the Old Constitutional to make the appointments.

      “Contrary to the High Court findings, Sections 23 and 24 of the former constitution were in force when he invoked them to appoint and deploy county commissioners. The sections remained in force until the first general election under the constitution was held on March 4,” ruled the judges.

      The Appellate Court ruled that since Mr Kibaki acted under provisions of the former constitution, there was no requirement on him to fulfill Article 27 of the Constitution which requires balanced regional and gender representation.

      Last year, High Court judge Lady Justice Mumbi Ngugi nullified Mr Kibaki’s appointment of the commissioners, ruling that the former president did not have the power to appoint or deploy and that the appointments violated the constitutional requirement for gender equality and regional balance.

      She also ruled that the appointments violated the provision in the National Accord and Reconciliation Act which required him to consult with then Prime Minister Raila Odinga before making such appointments.

      The judgment set a collision between the Attorney General and the Ministry of Internal Security.

      Whereas the AG advised Mr Kibaki to revoke the appointments and declined to appeal on behalf of the government, the Ministry hired a private lawyer Kibe Mungai to argue its case before the Appellate Court in a move that raised questions on who should handle court cases on behalf of the government.

      The Appellate Judges, however, settled the dispute, ruling that since the Internal Security Minister was a party in the High Court case, he was entitled to appeal even without the AG’s consent.

      “The right of appeal is vested in any person aggrieved by a court decision which could have been actualised by the AG but since he refused, the minister lawfully appointed Mr Mungai to appeal the decision,” ruled the judges.

      http://www.nation.co.ke/News/politics/-/1064/1882662/-/bmsq1w/-/index.html

  2. These incidences (above) are a stark reminder of events preceding the 2007 elections…such as this account below witnessed first-hand by the Political Counselor at the US Embassy (exposed via Wikileaks cables)

    http://wikileaks.org/cable/2007/11/07NAIROBI4402.html

    On The Road to Voi: Voter Card Buying Operation
    ——————————————— —

    ¶9. (SBU) At a gasoline station in the town of Mariakani,
    about an hour drive northwest of Mombasa, PolCouns
    {US Embassy Political Counselor} witnessed
    individuals casually buying up voter cards from this pro-ODM
    area.
    Mariakani is situated on the border of Kwale (south
    coast) and Kilifi (north coast) districts. When asked about
    the gentlemen with the clipboards and satchels sitting at an
    outside table in the snack bar receiving a stream of
    visitors, a pump attendant explained that they were buying
    voter identification cards from agents that were transacting
    business in the rural areas of the two districts.
    While at
    the station, PolCouns witnessed envelopes exchange hands.

    The attendant explaned that the agents go to remote rural
    areas and explain that the government was paying a reward for
    those citizens who had showed civic virtue by registering to
    vote. They then asked for the cards as a receipt for the
    money paid, telling the would-be voters: “your name is
    already on the voter rolls and you have your national
    identification card, so you do not need the voter
    identification card.”
    In fact, both cards must be presented
    on the day of the vote. This tactic removes from play voters
    thought likely to support the other side. The attendant
    identified the individuals transacting this business as local
    Government of Kenya officials and PNU activists.

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